Contrasting Provisions in the Constitution of India
The Constitution of India has various contradictions, embedded in it. One such contradiction is, while it creates 'equality before law' as a fundamental right', it also keeps room available for any reasonable law which may favour on sect, class or group of its citizens.
One such example could be : While the Constitution of India
guarantees its citizens ‘equality before law’ there have been
several amendments to bring forth some exceptions to the same. While the
Constitution as originally promulgated had clearly defined the beneficiaries of
the said benefits of exception there were several amendments at later date
which carved out some more exceptions to the said fundamental right.
Preferential treatment for Women and
Children was one such move, which tried to give additional support/benefits or
preferential treatment to women and children.
An example could be the 2005
amendment to the Hindu Succession Act which gave equal rights to the daughters with
sons in Mitakshara Coparcenery Properties. There were a few High Court orders
which had ruled that partition decrees passed before the said amendment which
are still in execution will not be affected by the said amendment, the Supreme
Court vide its order in Prema VS Nanje
Gawda and others, 2011 (6), SCC 462 overruled the same.
It is interesting to observe that
while the amendments to the Constitution and various laws seem to create an
exception to the rule of ‘equality’, the aim of all such
laws/amendments is to bring everyone on the same level so that the ‘oppressed/exploited’
get their due. In a way, therefore, these amendments are meant to bring ‘equality’
and hence are in line with the basic intent of the Constitution.
..............................
No comments:
Post a Comment